If you're curious about how Pacific Gas & Electric managed to flout gas line safety rules for years, and why there's reason to doubt that the California Public Utilities Commission will hold the company fully responsible for the explosion that destroyed a California neighborhood in 2010, here's the answer.
It comes from emails seeming to show the company and PUC regulators conniving and commiserating over the company's travails after the explosion in San Bruno, south of San Francisco.
Any way you cut it, the documents -- released by the city of San Bruno after a lengthy public records battle -- make for disgraceful and disgusting reading.
They depict a major California utility and its chief regulator sharing an "us vs. them" attitude in which the "them" is the public; and all this during a period when the regulator was investigating a disaster in which eight citizens died, a neighborhood was leveled, and the utility's responsibility was absolutely manifest.
PG&E has accepted responsibility for the San Bruno blast, as well it must: It installed the gas line, did so carelessly and incompetently, failed to keep it maintained, and failed to shut off the gas for more than an hour and a half after the blast. (This is all documented in a 2011 report by the
Since then the utility has been dickering over how much it should pay.
For the record, PG&E says it will review the emails. If they fall short of the company's commitment "to conducting ourselves in an ethical manner at all times," it says, "we will take appropriate action." Peevey's office didn't reply to my request for comment, but the PUC this week stated that it will evaluate and take seriously the city's "allegations of bias and rule violations."
On Tuesday, federal prosecutors revised their original April indictment of the company for San Bruno. PG&E is now charged with obstructing the NTSB and with 27 other violations of federal law. The utility could be on the hook for more than $1 billion in fines.
But larger ripples could come from the emails published by San Bruno. Communications between PUC commissioners such as Peevey and interested parties in a regulatory proceeding are subject to an "absolute ban," says Britt K. Strottman, San Bruno's lawyer in the case. (She says the city has no evidence that any other commissioner engaged in such banned backchat.)
They treated PG&E officials as pals; under the circumstances it might have been more appropriate to treat them as pariahs. The very first time Peevey's office got an email from a PG&E executive passing along figures about how regulatory enforcement might affect the utility's bottom line, a stern and unmistakable message should have gone out: Do not communicate with us privately; make all your representations in public as part of the San Bruno docket.
Instead, Peevey commiserated with the beleaguered utility. On March 16, 2011, a PG&E executive for regulatory affairs named Brian K. Cherry sent Peevey, "FYI," word of a negative credit report on PG&E from
What Peevey should have said was: "Don't write to me." Instead, what he sent back was a companionable, "Yep. No surprise."
"One comment," Peevey wrote Cherry: "PG&E's decision to issue a press release last week anticipating all this only meant that the public got to read two big stories more than one. I think this was inept."
The time has come to reconsider whether an appointed PUC can adequately serve the state, and whether an elected utility regulator might do better. The PUC we have now needs to be cleaned up, and the job should start at the top.